Trump Does Not Only Speak for himself — He Also Acts Only For Himself

Tillerson memorably explained that the President speaks for himself.

That’s bad enough.

But, once you think about it, it becomes crystal clear not only that he not acts for himself, but that the acts ONLY for himself.

Every story bout his financial benefits, about his marketing, about his policies, about his ego-serving behavior, demonstrates that nothing is done with any perception of national interest, let alone world interest.

Indeed, he has gotten away with this for so long because his base thinks he is acting in their interest.  So the simple trick is get them to start to see otherwise,  Maybe Tillerson has show how to start.

Remember, he acts only for himself.

 

 

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If Trump Is Planning a Pardon for the Arizona Sheriff, He Might Want to Think again.

It does appear to be good law that even Federal Court criminal contempts are pardonable by presidents.  (I had  thought there might be a separation of power claim.)

However, the Supreme Curt has hinted, back in 1925, that a pattern of abuse could lead to impeachment.  The language might also provide some tools to persuade the Court to look differently at the Sheriff’s behavior, and any Trump pardon.

Here is what the court said in In the Matter of Philip Grossman, 267 U.S. 87 (1925)

A pardon can only be granted for a contempt fully completed. Neither in this country nor in England can it interfere with the use of coercive measures to enforce a suitor’s right. The detrimental effect of excessive pardons of completed contempts would be in the loss of the deterrent influence upon future contempts. It is of the same character as that of the excessive pardons of other offenses. The difference does not justify our reading criminal contempts out of the pardon clause by departing from its ordinary meaning confirmed by its common law origin and long years of practice and acquiescence.

If it be said that the President, by successive pardons of constantly recurring contempts in particular litigation, might deprive a court of power to enforce its orders in a recalcitrant neighborhood, it is enough to observe that such a course is so improbable as to furnish but little basis for argument. Exceptional cases like this, if to be imagined at all, would suggest a resort to impeachment rather than to a narrow and strained construction of the general powers of the President.
(Bold added.)

There just are not so many Supreme Court cases about impeachment, so every hint is meaningful.  This might stand for:

The proposition that use of pardons, in a pattern, could result in impeachment,

That acts that go to undermining the constitutional balance are appropriate for impeachment,

The idea hat the impeachment clause phrase “high crimes and misdemeanors,” is not necessarily limited to violations of the criminal code.

I would welcome additional suggestions.  Read and enjoy the full case.

More particularly, with respect to Arizona, the use of a pardon to undermine Federal authority is said to be particularly disturbing, for example in a “neighborhood.”   While the Sheriff is now out of power, such a pardon is far more threatening to Federal authority, than an individual violation of the law in the case the Supreme Court decided.

Indeed, a pardon for conviction for systematic abuses of governmental power in breach of the constitution would seem a classic exception requiring rethinking.

A sheriff’s county-wide pattern and practice of contempt for the constitution and the Federal Courts is far more damaging that an ongoing pattern of pardons for minor violations by individuals in a “neighborhood.”  Indeed, given that the case arose under the Prohibition Act, it is understandable that the Court felt the need to recognize that pardons might represent a threat to the enforcement of the law, and therefore hinted at remedies.

Time for second thoughts, Mr President.

Note:  This is a version of a very recent post on my access to justice blog.

 

 

VP Pence Rushing Home Thursday. Can We Look at the 25th Amendment and Wonder Why?

As The Hill puts it:

Pence’s office said the vice president was returning to Washington on Thursday night instead of Friday morning to attend the president’s meeting at Camp David. Those meetings are expected to focus on North Korea.  

Pence deputy chief of staff Jarrod Agen also said the vice president’s other weekend plans had been canceled in case the president needed any follow up.

Pence’s office said the vice president was returning to Washington on Thursday night instead of Friday morning to attend the president’s meeting at Camp David. Those meetings are expected to focus on North Korea.  

Pence deputy chief of staff Jarrod Agen also said the vice president’s other weekend plans had been canceled in case the president needed any follow up.

With an administration this transparent, this should explain it all, but, as the 25th Amendment says in part:

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. (Bold added; remainder of section text describes resolution process.)

So, you have to wonder about those plans, particularly since N. Korea is supposed to be cooled down.

You also have to wonder if the lack of cabinet resignations displays a support of Trump, or an awareness that the action moment is approaching, and that for cabinet members staying now makes more sense both personally and for the country.

More info and analysis on the 25th here.

 

 

 

 

Did Trump Spontaneously Add the Problem Words to His Charlottesville Statement?

Most of the problems in Trump Charlottesville statement come from the phrase “amny sides.”  In fact, if you watch it, here, you see you will see that the phrase, actually repeated, at the 16 second mark, is delivered very differently from the rest of the statement.

The phrase is emphasized, by tone and repetition and it is underlined by an arm wave (an old rhetorical trick).

manysides

To me, the whole thing only makes verbal and non-verbal sense as a spontaneous addition by Trump.  In other words he wanted and needed to weaken and qualify an originally more powerful statement.

Note that at the beginning, he is clearly reading something, but at this critical point he looks up, not needing to be guided by the previously drafted statement and his body argue changes.

Moreover he similarly does not look at the written statement when referencing his name and that of Obama, and when he talks of how long the hated has been going on.  It might well be that this additional dilution by time is also added personally by him.

I would urge news organizations to do all they can to get the original draft, although when you look at this in this light, it all makes sense, even without knowing the written text.

If I am right, this is an additional insight into his soul, if any were needed.

Update, August 15.  Now confirmed.

 

 

Future Needs For Federal Agency Outstations

Yesterday, we talked about the Secret Service’s lesser urgency for a close-in outpost in Trump Tower.

Today, much less humorously, it is beginning to look like the DOJ crackdown on the media will mean that Federal Bureau of Prisons will need outstations at the New York Times and the Washington Post.

If history is any guide, that need will decline quickly.  Rather there will soon be need for a huge Bureau of Prisons outstation at Trump Tower.  While the space vacated by the Secret Service will presumably be available, I doubt it will be large enough.

 

What Goes Around, Comes Around, Trump Edition

Today, we hear that the Secret Service has moved its Trump Tower Command Center out of the Tower itself, apparently because of contract disputes.

While it is possible that the real motives were understandably aesthetic, could it be that someone at the Secret Service read that Government employees charged with protecting those in their care have been told not to be too careful , “Don’t be too nice.  .  .  .  I said, ‘You could take the hand away, OK,’”  In other words, do not do your job, or follow your oath.

Did the Secret Service decide not to be “too nice” too?

Almost impossible to imagine.

 

I have the Perfect Title For the Best Book on the Trump Presidency: One Million Minutes

While the exact number is subject to change when the nightmare ends, the concept is clear.  The book would begin something like this:

The now concluded Trump Presidency consumed one million minutes, five thousand presidential tweets, 100 million dollars in investigations, and ten cabinet firings or resignations.

Those minutes were perhaps the most fragmented, fast moving, chaotic, destructive, shocking, confusing and testing minutes in our nation’s history.

The damage done to nation, planet, international system and human beings will take decades to assess fully. 

Above all, the story of those endless minutes is the story of the ultimate resilience of our institutions, notwithstanding the weaknesses and failures of so many who were to play roles in those institutions as they faced the test.

I am less confident of exactly how the book will end, but I am confident that the ultimate resolution will put us on the road to recovery.